IN THE CASE OF:
BOARD DATE: 2 October 2012
DOCKET NUMBER: AR20120006553
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to reflect his legal name change or as an alternative, that his legal name change be included in his official records.
2. The applicant states that he desires his legal name change to be included in his records so that any potential employers may validate his service.
3. The applicant provides a copy of his legal name change.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 21 November 2007 for a period of 3 years and training as a parachute rigger. He completed his training and was assigned to Fort Bragg, North Carolina for his first and only duty assignment.
2. He served under the name he enlisted under for his entire period of service and was honorably released from active duty on 20 November 2010. However, his DD Form 214 is not filed in his official records.
3. On 19 January 2012 the applicant was granted a legal name change in the Circuit Court of the County of Chesterfield, Virginia. His new legal name is D___Y H____N B___N.
4. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the effective date of the
DD Form 214 are not authorized for retroactive entry on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants records show that he enlisted and served under his legal name at the time and served all of his service under that name. Although his
DD Form 214 is not available, the name he served under is the correct name reflected on that form and there is no error or injustice in his case.
2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now change his name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. However, a copy of this decisional document along with his legal name change which confirms the name he is currently using will be filed in his Army Military Human Resource Record (AMHRR). This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his current name documented in his AMHRR.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by placing a copy of this decisional document and a copy of the legal name change document which confirms the name he is currently using in his AMHRR.
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
____________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20120006553
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ABCMR Record of Proceedings (cont) AR20120006553
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